IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.49615 OF 2016 (GM-FOR) BETWEEN:
1. SRI. ANANTHA SHET S/O. LATE. BANGARA SHET, AGED ABOUT 61 YEARS, 2. SMT. RENUKAKAMMA W/0. ANANTHA SHET, AGED ABOUT 56 YEARS, HOME MAKER BOTH ARE R/O. MARUTHINAGARA, MARATHUR VILLAGE, TALAGUPPA HOBLI, SAGAR TALUK, SHIVAMOGGA DISTRICT - 577430.
… PETITIONERS (BY SRI S V PRAKASH, ADVOCATE - ABSENT) AND:
1. THE STATE OF KARNATAKA REP BY PRINCIPAL SECRETARY, DEPT OF ECOLOGY AND ENVIRONMENT, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560001 2. THE CHIEF CONSERVATOR OF FOREST SHIVAMOGGA DISTRICT, SHIVAMOGGA 577201 3. THE DEPUTY CONSERVATOR OF FOREST SAGAR SUB DIVISION, SAGAR 577401 SHIVAMOGGA DISTRICT, 4. THE KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAVAN, # 49, 4TH AND 5TH FLOOR, CHURCH STREET, REP. BY ITS SECRETARY BENGALURU 560001 5. THE REGIONAL OFFICE THE KARNATAKA STATE POLLUTION CONTROL BOARD, PLOT NO. 156, AUTO COMPLEX, INDUSTRIAL AREA, REP. BY ITS SECRETARY SHIVAMOGGA CITY 577204 6. THE JOINT DIRECTOR DISTRICT INDUSTRIAL CENTRE, SHIVAMOGGA CITY - 577201 7. MARATHURU GRAMA PANCHAYATH MARATHURU, TALAGUPPA HOBLI, SAGAR TALUK, SHIVAMOGGA DISTRICT, REP. BY PANCHAYATH DEVELOPMENT OFFICER 8. THE EXECUTIVE ENGINEER MANGALURU ELECTRIC SUPPLY COMPANY LTD, (MESCOM), SAGAR CITY - 577401, SHIVAMOGGA DISTRICT 9. MANJAPPA S/O. KANNAPPA, AGED ABOUT 40 YEARS, R/O. MARUTHINAGAR, MARATHURU VILLAGE, TALAGUPPA HOBLI, SAGAR TALUK – 577401 SHIVAMOGGA DIST.
… RESPONDENTS (BY SRI VIJAY KUMAR A. PATIL, AGA. FOR R1 TO R3 & R6 SRI R.B.SATHYANARAYANA SINGH, ADV. FOR R4 & R5 SRI H.V.DEVARAJU, ADV. FOR R8 SRI MAHESH R. UPPIN, ADV. FOR R9 – ABSENT SRI HARISH KUMAR, ADV. FOR R7 – ABSENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE WOOD INDUSTRY RUN BY THE NINTH RESPONDENT IS A SAW MILL AS DEFINED UNDER RULE 2(6)(6-C) OF KARNATAKA FOREST RULES, 1969 AND THEREFORE THE NINTH RESPONDENT IS NOT ENTITLED TO RUN THE SAW MILL; DIRECT R-1 TO 5, 7 AND 8 TO TAKE ACTION TO CLOSE THE SAW MILL RUN BY THE R-9 FORTHWITH; DIRECT R-4 & 5 TO TAKE ACTION AGAINST THE R-9 TO CLOSE THE INDUSTRY AS PROVIDED UNDER SEC.31-A OF THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 ETC.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the petitioners.
Sri Vijay Kumar A. Patil, learned Additional Government Advocate for respondent Nos.1 to 3 and 6.
Sri R.B.Sathyanarayana Singh, learned counsel for respondent Nos.4 and 5.
Sri H.V.Devaraju, learned counsel for respondent No.8.
When the matter was taken up, learned counsel for respondent No.5 – the Regional Officer, the Karnataka State Pollution Control Board, has produced the inspection report dated 07.03.2018, along with a memo dated 25.02.2019, stating that the industry run by respondent No.9 has closed its operation since 2017.
2. The aforesaid memo and the inspection report are taken on record.
3. In view of the inspection report dated 07.03.2018, of the Karnataka State Pollution Control Board, in which it is stated that the industry run by respondent No.9 has been closed its operation since 2017, nothing survives for adjudication in the matter. Accordingly, the writ petition is dismissed as infructuous.
Sd/- JUDGE nvj